1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The reasoning of the judgment of the court of first instance is as follows, and such reasoning is identical to that of the judgment of the court of first instance except for the addition or dismissal of some contents as follows. As such, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420

The following shall be added to the third side of the judgment of the court of first instance, which is added or revised:

나. 관련 법령 ▣ 식품위생법 (2016. 2. 3. 법률 제14022호로 개정되기 전의 것) 제36조(시설기준) ① 다음의 영업을 하려는 자는 총리령으로 정하는 시설기준에 맞는 시설을 갖추어야 한다.

1. Manufacturing, processing, transporting, selling and preserving foods or food additives;

2. Manufacturing apparatus, containers or packages;

(2) The detailed types and scope of business under each subparagraph of paragraph (1) shall be prescribed by Presidential Decree.

(4) A person who intends to engage in any business prescribed by Presidential Decree among those referred to in the subparagraphs of Article 36 (1) shall report to the Minister of Food and Drug Safety or the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu by type of business or place

The same shall also apply to the modification or closure of the important matters prescribed by Presidential Decree among the reported matters.

Article 75 (Cancellation, etc. of Permission) (1) Where a business operator falls under any of the following cases, the Minister of Food and Drug Safety, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu may revoke his/her business license or registration or order him/her to fully or partially suspend his/her business or close his/her place of business (limited to business reported under Article 37 (4);

7. Where he/she violates the latter part of Article 37 (1), (3), the latter part of (4) or (6), or any condition under Article 37 (2);